Approved Code No. 9-Amendment No. 8 Registry No. 313-1- 06 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER 

PRODUCTS INDUSTRY 

AS APPROVED ON APRIL 13, 1934 

WE DO OUR PART 

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W ASIDNGTON : 1934 

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Approved Code No. 9-Amendment No. 8 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY. 

As Approved on April 13, 1934 

ORDER 

APPROVING AMENDMENTS TO THE CoDE OF FAIR COMPETITION FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of Amendments 

submitted as Amendments Nos. 7, 10 (1), 11, 13, 14, 15 (2), 16, 17, 

18, 19, 20, 21, 23, 24, 26 and 36 to the Code of Fair Competition for 

the Lumber and Timber Products Industries, and hearings having 

been duly held thereon and the annexed report on said amendments, 

containing findings with respect thereto, having been made and 

directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate, by reference, said 

annexed report and do find that said amendments and the Code as 

constituted after being amended comply in all respects with the 

pertinent provisions and will promote the policy and purposes of said 

Title of said Act, and do hereby order that said amendments be and 

they are hereby approved, and that the previous approval of said 

Code is hereby modified to include an approval of said Code in its 

entirety as amended. 

HUGH s. JOHNSON, 

Adrninistrator for Industrial Reco;very. 

Approval recommended: 

A. R. GLANOY, 

Division Administrator. 

WASHINGTON, D.C.1 

April 18, 1934. 

52901°-.-482-83-34 (1) 

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REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White 11 ouse. 

Sm: Under the Code of Fair Competition for the Lumber and 

Timber Products Industries, as approved by you on August 19, 1933, 

the Lumber Code Authority has submitted Amendments Nos. 7, 10 

(1), 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26, and 36, which are 

included and attached. 

This is a report on the Hearing on the foregoing Amendments, 

conducted in Wa hington on January 22 and 23, 1934, in accordance 

with the provisions of the National Industrial Recovery Act. 

Amendments Nos. 7, 10 (1), 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 

23, 24, 26, and 36 include the correction of obvious typographical 

errors and the rephrasing of several provisions in order to clarify 

their intent and to make their administration more effective. Insofar 

as these amendments incorporate substantive additions to the text, 

the additions are the result of either original oversight or of practical experience under the Code which has demonstrated their need. 

However, in no instance are new principles involved. 

The Deputy Administrator in his final report to m on said 

amendments to said Code having found as herein set forth and on 

the basis of all the proceedings in this matter; I find that: 

(a) The amendments to said Code and the Code as amended are 

well designed to promote the policies and purposes of Title I of the 

National Industrial Recovery Act including the removal of obstructions to the free flow of interstate and foreign commerce which tend 

to diminish the amount thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpose 

of cooperative action- among trade groups, by inducing and maintaining united action of labor and management under adequate 

governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest po sible utilization of 

the present productive capacity of industries, by avoiding undue 

restrictions of production ( except as may be temporarily required), 

by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving 

unemployment, by improving standards of labor, and by other" ise 

rehabilitating industry. 

(b) The Code as amended complies in all re pects with the pertinent provisions of said · Title of said Act, including without limitation Subsection (a) of Sect.ion 3, Subsection (a) of Section 7 and 

Subsection (b) of Section 10 thereof. 

( c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the industry as a whole. 

( d) Tl:ie amendments and the Code as amended are not designed 

to and will not per!Ilit monopolies or monopolistic practices. 

(2) 

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(e) The amendments and the Code as amended are not designed 

to and will not eliminate or oppress small enterprises and will not 

operate to di criminate against them. 

( f) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of said 

amendments. 

For these reason , therefore, I have approved these Amendments 

to the Code. 

Respectfully, 

HUGH S. JOHNSON, Administrator. 

APRIL 13, 1934. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

AMENDMENT No. 7 : In article II (a) strike out subsection number 

(2) and insert the .following: "Sawn lumber and other sawn wood 

products of sawmills, and products of planing mills operated in conjunction with sawmills." 

AMENDMENT No. 10: In Article VII (d): (1) Under the heading 

"Oak Flooring ', a.fter the word "Appalachian" add the following: 

"(including Ohio and Pennsylvania.)" 

AMENDMENT No. 11: In article VIII (c) (2) At the end of this 

sub.section add the following sentence: "In the application of this 

subsection, shipments may be used in lieu of production at the option 

of a Division or Subdivision." 

In Article VIII ( e) After the words " yearly production " insert 

the following : " or shipments." 

AMENDMENT No. 13: In Article XVI ( c) Change the phrase " shall 

be effective " to read "shall become effective". 

Al\1ENDl\1E 1T No. 14: In Schedule "A" in the section headed 3. 

"Appalachian and Southern Hardwood Subdivision" under the paragraph headed "Subdivision", after the words "yellow cypre.ss and 

Southern ", insert the following: "white (juniper) and". 

AMENDMENT No. 15: In Schedule "A" add the following new paragraph at the end of the section headed "Mahogany Subdivision": 

"Control of production (imports) (Article V l/1).-Quotas of imports or production established for the Mahogany Subdivision, and 

allotments thereof to eligible persons therein, in the discretion of 

its Administrative Agency and with the approval of the Lumber 

Code Authority, may be for periods greater than three months and 

may be ba.sed on shipments, provided that no ~uch person shall be 

precluded thereby from imports or production sufficient to maintain 

at the end o.f any allotment period an inventory of logs and lumber 

equal in footage to the volume of his shipments during the preceding 

calendar year." 

AMENDMENT No. 16: In Schedule "A" add the. following new 

section at the end of "5. Philippine Mahogany Subdivision": 

"(a) The Executive Committee of the Philippine Mahogany Subdivision is empowered, with the approval of the Authority and 

within the limits of the total subdivision quota, to assign a maximum import allotment to each eligible person registered with the 

Philippine Mahogany Subdivision and subject to its jurisdiction. 

The Subdivision quota and individual allotments shall be made 

for periods of six months and as provided in this Article. 

"(b) Any person complying with the labor and other provisions 

of this Code applicable to this Subdivision, who brings Philippine 

Mahogany or Philippine hardwood into the United States from the 

Philippine Islands in quantities sufficient to amount to wholesale '> (4) 
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distribution for resale to wholesalers, r eta ilers, or industrials as defined in this Code, shall be deemed an eligible person for purposes 

of allotment. 

" ( c) Any eligible person may obt ain an allotment by making 

a12plic3:t~on to _the sa.id E x~cutive Committee designat~ng ~he Phil_ippine mill or mills from which he has arranged to obtain lus supplies. 

The allotment to said eligible person shall be determined by the 

following formula: 

l\.1illin_g ca.pacity16001. f S bd. . . Q t 

T t

- 1- . ·t ;o O U ivis10n UO a 

o a capaci y 

Plus 

1'1ill shipments to U.S. 140 01. :f S bd. . . Q t 

T t 1 h . t t US ; o O U ivision UO a o a s i pmen s o . . . 

" DEFINITION OF TERMS 

"' Mill Capacity' 1neans the. actual capacity at the time of the, 

application for allotment of the Philippine mill or mills designated 

by an eligible person. 

" ' Total Capacity ' mea.ns the actual total capacity of all Philippine mills designated by eligible persons. 

" ' Mill shipments to U.S. ' mean the average yearly shipment 

to the United States from the Philippine mill or mills designated 

by eligible person, calculated upon any three calendar years since 

1924. 

"' Total shipments to U.S.' mean the average yearly shipments to 

the United States from all mills in ·the Philippine Islands, calculated 

on calendar years since 1924. · 

" In respect to mills which have not been in operation for as much 

as three calendar years since 1924, th.e 'mill shipments to the United 

States ' shall be the yearly average of actual shipments. 

" In the case of logging operations in which the logs were sold 

and shipped as logs and not manufactured into lumber or tjmber 

products by the logger the actual production of such logs during 

calendar year shall be considered the' mill capacity' of such operator. 

" ( d) If two eligible persons designate the same mill as their source 

of supply the total shipments to the United States therefrom shall 

not exceed the amount determined by the application of the formula 

prescribed in this article and the s~id person shall divide the said 

total in such proportions as they are able to effect purchases from 

such mill. 

" ( e) If any eligible person to whom an allotment has been made 

advi~es the Subdivision agency that he will not use all or part of 

his allotment within the allotment period, or i:f in three months after 

the date of the allotment any suoh person fails to use a substitute portion of his allotment, and fails to show to the satisfaction of the Executiye Committee that he has ordered snipment 

o'f a substantial portion of his allotment the said Committee may, 

after public hearing on all the facts and circumstances, and subject 

to the supervision of the Authority, reduce the allotment of such person for the balance of the existing quota period by such amount as 

may he fair and equitable in order to save to the Subdivision as a 
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whole the privilege of bringing into the United States the whole of 

the ubdiYi ion quota. In the event of -such reduction 0£ allotment 

the amount thereof hall be divided among other eligible persons in 

proportion to their exi. ting allotments upon application to the said 

Executive Committee. 

"(f) In determinino· compliance with individual allotments, date 

of loading on '°hipboard in the Philippine I land for shipment to 

the nitecl States ... hall be deemed arrival of shipment in the United 

States. "(g) o per on ubject to the jurisdiction of this Subdivi ~ion 

shall import products without .an import allotment, or in exce of 

such allotJnent, as herein provided." 

AMENDMENT No. 17. In Article VIII (a) Insert after the words 

"each three months," the phrase "except as hereinafter otherwise 

provided. " 

In Schedule' A:', at the end of "7. Northern Hardwood Subdivision ", add the followino- new section: 

" Control of Prodiwtion.-Quotas of production established for 

the Northern Hardwood Subdivision and allotin€nts thereof to eligible per ons therein~ in the discretion of the Administrative Agency 

and with the approval of the Lumber Code Authority, n1a be for 

periods great€r than three months." 

AlrENDME T No. 18: In Schedule "A", at the end of "9. Northeast ern Hardwood Subdivision", add the following new section: 

" Con frol of Procluction.-Quotas of production e tablished for 

the Northeastern Hardwood Subdivision and allotments thereof 

to elig ible persons therein, in the discretion of the Administrative 

Agency and with the approval of the Lumber Code Authority, may 

be :for periods greater than three months." 

AMENDMENT No. 19: In Seh.edule "A", at the end of" 10. Northern 

IIemlock Division", add the following nBw section: 

" Control of P1·ocluction.--Quot-as of production established for 

the Northern Hemlock Division and ~llotments thereof to eligible 

person therein, in the discretion of the Administrative Agency a,nd 

with the approval of the Lumber Code Authority, may be for periods 

greater than three months." 

AMENDMENT No. 20: In Sch.edule "A", in the section headed 

" 12. Red wood Division ", insert after the words " Santa Cruz ", under the he.ading "Division" the words "Contra Costa." 

AMENDMENT No. 21: In Schedule "A", at the end of "13. Northeastern Softwood Division " add the following new section: 

" Control of P1·ocluction.-Quota of production establi hed for the 

Northeastern Softwood Division and allotments thereof to eligible 

person · therein, in the disc,r.etion of the Administrative Agency and 

with the approval of the Lumber Code Authority, may be for periods 

gr ater than three month ." 

AMENDMENT No. 23: In Schedule "A", in section headed" 19. vYestern Pine DiYi ion' in the la t line of the paragraph headed "Division ' trike out the word " and" and after the word ",,7yoming '' 

acld ' and E l Pa o County, Texas." 

AME ..... DMEKT No. 24: In chedule "A", in the section headed 

"19. "e t~rn Pine Divi ion " trike out the puragTaph headed 

"Products (Arti 1 Ila): ' and insert in lieu thereof the following: 
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"Products (Article Ila) .-All lumber and timber products 

enumerated except: shingles, woodwork, (mill work), including products of planing mills operated in conjunction with retail lumber 

yards, hardwood flooring, veneers, plywood, kiln-dried hardwood dimension, sawed boxes, shook, crates and plywood, veneer and wirebound packages and containers. Moulding is included for the Western Pine Division." 

Al\1ENDMENT No. 26: In Schedule "A" in the section headed 

"35. Maple, Beech, and Birch Flooring Division" in the last sentence 

under the heading "Administrative Agency" strike out the word 

" Sale " and insert in lieu thereof the word " rules." 

AMENDMENT No. 36: In Schedule "A", Division number 31, entitled "Red Cedar Shingle Division", under the paragraph entitled 

"Division", substitute the following: 

"The Red Cedar Shingle Division consists of producers and manufacturers of western red cedar shingles in Washington, Oregon and 

Idaho." 

Approved Code No. 9------Amendment No. 8. 

Registry No. 313-1-06. 

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